Review of performance of public servants under FR56(j)

April 29, 2016admin

Review of performance of public servants

The Ministry of Personnel, Public Grievances and Pensions is aware that review of performance of public servants occurs only after attaining age of 50 years or completion of 30 years of service. As per Fundamental Rule (FR) 56 (j):

“The Appropriate Authority shall, if it is in the opinion that it is in the public interest so to do, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice:

If he is in Group ‘A’ or Group ‘B’ service or post in a substantive, quasi-permanent or temporary capacity and had entered Government service before attaining the age of 35 years, after he has attained the age of 50 years.

(i) in any other case after he has attained the age of fifty-five years”.

(ii) In addition, as per Rule 48 of CCS(Pension) Rules, 1972, at any time after a Government servant has completed thirty years’ qualifying service, he may be required by the appointing authority to retire in the public interest, and in the case of such retirement the Government servant shall be entitled to a retiring pension provided that the appointing authority may also give a notice in writing to a Government servant at least three months before the date on which he is required to retire in the public interest or three months’ pay and allowances in lieu of such notice.

Further, as per Rule 16(3) (amended) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, the Central Government may, in consultation with the State Government concerned, require a Member of the Service to retire from Service in public interest, after giving such Member at least three month’s previous notice in writing or three month’s pay and allowances in lieu of such notice, –

after the review when such Member completes 15 years of qualifying Service; or

(i) after the review when such Member completes 25 years of qualifying Service or attains the age of 50 years, as the case may be; or

(ii) if the review referred to in (i) or (ii) above has not been conducted, after the review at any other time as the Central Government deems fit in respect of such Member.

(iii) The above provisions have been reiterated from time to time and recently vide DoPT’s O.M. No. 25013/02/2005-AIS-II dated 28.06.2012 and 03.08.2015, and O.M. No. 25013/1/2013-Estt.A-IV dated 11.09.2015.

Disciplinary cases are conducted as per prescribed procedures. Normally, the details and monitoring of disciplinary cases is to be done by the respective cadre authorities. The Central Government has also from time to time been stressing on the need to complete disciplinary cases expeditiously and monitoring the same.

This was stated by the Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr. Jitendra Singh in a written reply to a question by Shri Vivek Gupta in the Rajya Sabha today.

SEE THE DOPT ORDERS REGARDING REVIEW OF PERFORMANCE OF CENTRAL GOVERNMENT SERVANTS UNDER FR 56(j)

For better administration the order of compulsory retirement can be passed – DOPT